Adoption Law

The following is intended to provide helpful information about adoption law. The discussion is general, and exceptions apply. It is meant only to give a sense of the legal area, not to be exhaustive. Consult an attorney for details pertaining to your situation. Do not rely on this information alone, as your situation is unique from other situations. This firm waives any liability resulting from your relying on the information provided. Again, simply consult an attorney for a proper handling of your case.

Under the Adoption Act, termination of parental rights, as well as adoptions, are proceedings that require filing with a Court. An attorney may not represent both a child and an adopting parent at the same time. Termination of parental rights precedes adoption proceedings. Such termination can be voluntary or involuntary.

A natural parent can relinquish his or her parental rights, if an agency will assume custody of the child or there is contemplation of further adoption proceedings after the relinquishment. An attorney can assist the parent in making the necessary arrangements. One parent may not petition for the voluntary termination of the parental rights of the other parent.

A petition to terminate parental rights with respect to a child under the age of 18 may be filed by the following parties: 1) either parent; 2) by an agency; 3) by an individual having custody or is standing in loco parentis to the child and who has filed a report of intention to adopt; or 4) by an attorney representing a child or a guardian ad litem representing a child who has been adjudicated dependent. A termination proceeding may start if an adoption is contemplated or if a child is in the custody of an adoption agency. The focus of an involuntary termination proceeding is on the conduct of a parent or parents.

Any individual may be adopted (the "adoptee"). The individual may be any age. Adoption of a child may take place if the parental rights of at least one parent have been terminated, either by consent or involuntarily.

Any individual may become an adopting parent. Meeting the needs and welfare of a child is the main criteria. This determination is always made by a Court on a case-by-case basis. Factors include the child's physical, intellectual, moral, and spiritual well-being.

A Court decree of adoption forever terminates all relations between the child and his or her natural parents. The obligation for the natural parents to pay support is terminated. Instead, the adopting parent now assumes this obligation. The adopting parent may give the adoptee his or her name. A clerk issues a certificate of adoption to the adopting parent as a result of the Court decree. The certificate may not disclose the name of any natural parent or the original name of the adoptee.

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